June 20, 2023
Marriage is a significant and life-changing event that brings two individuals together to share their lives and build a future. However, with marriage comes the possibility of disagreements and conflicts, which can lead to the breakdown of the relationship. This is where a prenuptial agreement comes into play. A prenuptial agreement is a legal contract between two people before they get married that outlines how assets, debts, and other important matters will be handled in the event of a divorce or separation.
In Colombia, prenuptial agreements have become increasingly popular in recent years, with many couples choosing to protect their assets and finances before tying the knot.
At AGT Attorneys, we specialize in Family Law and offer legal advice and guidance to couples who are considering a prenuptial agreement. Our team of experienced lawyers understands the importance of protecting your assets and can help you navigate the legal complexities of a prenuptial agreement in Colombia.
According to article 1771 of the Colombian Civil Code, a prenuptial agreement is a convention or agreement celebrated between spouses before the marital union. The prenuptial agreement establishes the conventions related to the assets brought by the spouses to the marriage, any donations or concessions made. The prenuptial agreement is also applicable to permanent partners.
The purpose of this provision is to enable prospective spouses or partners to declare, through a public document prior to the commencement of their marital or financial partnership, the manner in which they intend to manage their assets, while retaining complete freedom and legal capacity to do so.
The assets that you accumulate prior to your marriage/union in Colombia are usually not up for debate when dissolving any marital union in Colombia. However, in the absence of a prenuptial agreement or if you were to sell assets to acquire new ones during the relationship, you will likely open yourself to risk if you don't arrange this "prenup agreement".
Several benefits are accessed when a prenuptial agreement is signed. They allow:
The Migrant Visa in Colombia (Visa type M) should be applied by people who:
The Migrant Visa for spouses, is established for foreigners who are married to a Colombian citizen and aspire to live effectively with their Colombian spouse in the country. The specific requirements to apply for this visa include: copy of the civil registry document, letter of request by the Colombian spouse, certification of migratory movements, among others.
A prenuptial agreement in Colombia must follow some formalities, in this case they must be done through a public deed before a public notary, done before the marriage and include the express manifestation of the assets and debts of the spouses.
A couple who are going to get a prenuptial agreement should always consult an attorney at law with the knowledge in these matters. It is healthy to consider subscribing a prenuptial agreement before getting married.
When signing a prenup, several benefits are guaranteed like protecting one's future assets, avoiding an expensive and unnecessary judicial process, among others. Here at AGT Attorneys, our lawyers will surely guide you and clarify all the doubts you may have about marriage and prenuptial agreements in Colombia.
Do not hesitate to contact us by filling this Contact Form or through our WhatsApp number +57 3105706331.
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